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Topic: Diversity jurisdiction

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	Diversity jurisdiction - Wikipedia, the free encyclopedia
		Diversity jurisdiction is a term used in civil procedure to refer to the situation in which a United States district court has subject matter jurisdiction to hear a civil case because the parties are "diverse," meaning that they come from different states.
		In order for diversity jurisdiction to apply, none of the plaintiffs in a case can be from the same state as any of the defendants (complete diversity).
		Tompkins (1938) that the law to be applied in a diversity case would be the law of whatever state the action was filed in.
	en.wikipedia.org /wiki/Diversity_jurisdiction (910 words)

	09/25/97 Subcommittee on Courts and Intellectual Property - Dolin Testimony
		In June 1978, the ABA adopted its position opposing the elimination of diversity jurisdiction in general and the elimination of diversity jurisdiction for in-state plaintiffs in particular.
		Those who propose the total elimination of diversity jurisdiction rely most heavily on two arguments: (1) that the fear of local prejudice originally justifying diversity jurisdiction is a vestige of the past; and (2) that the elimination of diversity jurisdiction would relieve our overburdened federal courts.
		Diversity jurisdiction brings to the federal courts questions of national importance; indeed, as one federal judge has observed, the "demonstrable need for a federal jurisdiction in major matters affecting interstate commerce.
	judiciary.house.gov /legacy/4219.htm (5089 words)

	Spencer Fane Britt & Browne LLP - Diversity Jurisdiction (Site not responding. Last check: 2007-09-17)
		In general, diversity jurisdiction requires that the amount in controversy must exceed $75,000 and that the defendants must be non-residents of the state in which plaintiff originally filed suit.
		Diversity jurisdiction requires that the "amount in controversy" must exceed $75,000 exclusive of interest and costs.
		Diversity jurisdiction may not be established by stipulation of the parties, nor waived by inaction.
	www.spencerfane.com /content/content/104.asp (2087 words)

	03/14/96 Committee on the Judiciary Mitchell F. Dolin Statement re Hearing on hr1989
		Diversity jurisdiction shields litigants from localized prejudices, offers litigants speedier disposition in areas of the country where the state courts are particularly clogged, places before the federal courts questions of national importance, and fosters an important dialogue between the state and federal systems.
		In June 1978, the ABA formally adopted its position opposing the elimination of diversity jurisdiction in general and the elimination of diversity jurisdiction for in-state plaintiffs in particular.
		Those who propose the total elimination of diversity jurisdiction rely most heavily on two arguments: that the fear of local prejudice originally justifying diversity jurisdiction is a vestige of the past; and that the elimination of diversity jurisdiction would relieve our overburdened federal courts.
	judiciary.house.gov /legacy/436.htm (4578 words)

	Hawk v Pohnpei [1989] FMSC 12 (28 June 1989)
		No jurisdiction is conferred on state courts by article XI, section 6(b) of the FSM Constitution, but neither does the diversity jurisdiction of section 6(b) preclude state courts from acting under state law, unless or until a party to the litigation invokes national court jurisdiction.
		Whether diversity jurisdiction should be conferred on a federal or a national court, how it should be done and in what circumstances, depends on the overall constitutional plan adopted by the framers of the federal charter.
		No jurisdiction is conferred on state courts by article XI, section 6(b) but neither does the diversity jurisdiction of section 6(b) preclude state courts from acting under state law, unless or until a party to the litigation invokes national court jurisdiction.
	www.worldlii.org /paclii/fm/cases/FMSC/1989/12.html (3251 words)

	USCA1 Opinion 03-2297
		For purposes of diversity jurisdiction, a limited partnership is deemed to be a citizen of every state of which any of its general or limited partners are citizens.
		It asserted that, in preparing the jurisdictional statement for its appellate brief, it recognized for the first time that the parties were non-diverse and, accordingly, that the trial court lacked subject matter jurisdiction.
		In contrast, Tyco Healthcare asseverates that the lack of diversity between it and AFandF did not divest the district court of jurisdiction because the original parties were diverse and the subsequent switch did not alter the fundamental nature of the action.
	www.ca1.uscourts.gov /cgi-bin/getopn.pl?OPINION=03-2297.01A (2729 words)

	American Bar Association - Business Law
		The diversity requirement pertains to a federal court’s subject matter jurisdiction and therefore cannot be waived by the parties.
		Diversity can be challenged by any party and by the court itself at any time before final judgment (including during an appeal) but is determined "upon the state of things at the time of the action brought." Mollan v.
		Diversity analysis turns on a litigant’s state citizenship, and, for diversity purposes, domicile determines the state citizenship of U.S. citizens who are human beings.
	www.abanet.org /buslaw/blt/2004-09-10/kleinberger.shtml (2968 words)

	[No title]
		Diversity Cases: Section 1441(b) authorizes removal of cases where the parties meet requirements of diversity jurisdiction, except: If any D sued on a diversity count is a citizen of the state in which the claim was filed, that count is not eligible for removal.
		State Court Jurisdiction 1441(e) permits a federal district court to hear a removed case even if the state court lacked jurisdiction; however Federal court must satisfy federal jurisdiction; at least one count in the removed case must satisfy requirements of federal question or diversity jurisdiction.
		Subject Matter Jurisdiction Generally Core Concepts: Federal courts are courts of limited subject matter jurisdiction Both subject matter jurisdiction and jurisdiction of person and things must be satisfied as to each count in a case before a federal court will hear a count.
	www.pitt.edu /~sorc/lawwomen/PROCoutline.doc (3162 words)

	Subject Matter Jurisdiction @ lawschoolhelp.com
		Subject matter jurisdiction (as opposed to personal jurisdiction) refers to the question of whether a particular court has the power or competence to decide the kind of controversy that is involved.
		In diversity cases the subject matter jurisdiction of the federal courts is defined by who the parties to the lawsuit are rather than the subject matter of the underlying dispute.
		The "rule of complete diversity" holds that there is no diversity jurisdiction when any party on one side of the dispute is a citizen of the same state as any party on the other side.
	www.west.net /~smith/smjuris.htm (1659 words)

	[No title]
		We agree with the district court that the claims of the class representatives met the requisite amount in controversy and that it had diversity jurisdiction over their claims, but disagree with its decision to abstain from exercising it.
		Refusing to exercise supplemental jurisdiction over the unnamed plaintiffs’ claims reflects respect for considerations of comity, but it assumes that the claims of the class representatives were to be remanded to state court.
		The district court had diversity jurisdiction over the named plaintiffs’ claims; § 1367 granted it supplemental jurisdiction over the claims of the unnamed plaintiffs; and, considering that it must try the named plaintiffs’ claims, it abused its discretion on the facts here in declining supplemental jurisdiction over the unnamed plaintiffs’ claims.
	www.duke.edu /~mvn2/gillis/CivPro/free.doc (1552 words)

	Federal Court Concepts
		Jurisdiction is important because it limits the power of a court to hear certain cases.
		This is known as "diversity jurisdiction", because the plaintiff and the defendant have different, or diverse, state citizenships.
		Additionally, there are exceptions to diversity jurisdiction for some cases, including probate cases and family law cases, which are almost always handled in state courts.
	www.catea.org /grade/legal/juris.html (1103 words)

	Federal Courts Jurisdiction Clarification Act (Site not responding. Last check: 2007-09-17)
		The Judiciary Act of 1789 granted diversity jurisdiction to the federal courts; indeed, until the creation of federal question jurisdiction a century later, diversity jurisdiction cases were the prime staple of federal court dockets.
		While limitations on resources necessitate placing reasonable limits on federal court jurisdiction, those limitations should not be invoked as justification for ignoring the important role that diversity jurisdiction and removal jurisdiction have played for the past 216 years in protecting nonresident litigants from local prejudice.
		The subsequent elimination of the jurisdictional amount in federal question cases did not result in significant increases in the number of cases filed in federal court, nor did the more-than-seven-fold increase in the jurisdictional amount in diversity cases lead to a significant decrease.
	commdocs.house.gov /committees/judiciary/hju24607.000/hju24607_0.HTM (16156 words)

	Removal jurisdiction - Wikipedia, the free encyclopedia
		In the United States, removal jurisdiction refers to the power of a defendant to move a lawsuit filed in state court to the Federal district court of the original court's district.
		The policy for this rule is that diversity jurisdiction is granted to prevent the defending party from being discriminated against in a foreign forum.
		If a federal court finds that the motion was in fact defective or that the federal court does not have jurisdiction, the case is remanded to the state court.
	en.wikipedia.org /wiki/Removal_jurisdiction (546 words)

	American Antitrust Institute - Activities (Site not responding. Last check: 2007-09-17)
		The scope of diversity class action jurisdiction, however, was severely circumscribed by the Supreme Court over a quarter-century ago in Zahn v.
		In 1990, Congress amended the federal jurisdiction statutes to codify, for the first time, under the umbrella of "supplemental jurisdiction," the collection of doctrines previously developed by the courts under the rubric of "pendent" and ancillary" jurisdiction.
		As a consequence, the case was one that could have been originally filed in federal court under the diversity jurisdiction.
	www.antitrustinstitute.org /recent/67.cfm (1167 words)

	Faegre & Benson LLP: The Class Action Fairness Act
		In practical terms, this longstanding limit on federal diversity jurisdiction meant that a class action could be kept out of federal court simply by naming a peripheral defendant from the same state as one of the plaintiffs.
		For example, federal diversity jurisdiction now exists over many cases filed on behalf of a putative class solely of Colorado residents, if the defendant is not a Colorado citizen.
		Original jurisdiction exists for any civil action seeking monetary relief where the claims of 100 or more named plaintiffs involving common questions of law or fact are proposed to be tried jointly, and (3) the claims of each plaintiff meet the amount-in-controversy requirement (currently $75,000).
	www.faegre.com /articles/article_1839.aspx (3797 words)

	[No title] (Site not responding. Last check: 2007-09-17)
		The district court cannot exercise jurisdiction over a civil action if the action is an (1) intrastate action,[186](2) a limited scope case,[187] or (3) a state action case.
		Second, the bill will alter federal jurisdiction requirements for class actions by allowing the district court to aggregate the plaintiffs’ claims to meet the amount in controversy needed to avoid the exception for a “limited scope case.”[189] This provision would abrogate the Supreme Court’s holding in Snyder v.
		The fundamental purpose of supplemental jurisdiction is to “avoid[] the necessity of litigating the same factual issues twice.”[228] Zahn’s holding has burdened judicial economy by creating concurrent actions in state and federal courts.
	www.law.ua.edu /lawreview/kaufmann523.htm (5946 words)

	Law.com - Supremes Agree to Hear Diversity Jurisdiction Case
		At stake are "perhaps 5,000 diversity cases in the [4th Circuit] alone among the approximately 60,000 diversity cases litigated nationwide," writes Lincoln's counsel of record, David Frederick of D.C.'s Kellogg, Huber, Hansen, Todd, Evans & Figel.
		After the federal court ruled in favor of Lincoln, the Roches appealed to the 4th Circuit, arguing that the case should be in state court because the diversity requirement for federal court was lacking.
		that diversity jurisdiction was improper." Lincoln attorneys also argue that the 4th Circuit "concocted out of whole cloth an additional 'nexus' factor not found in any of...
	www.law.com /jsp/article.jsp?id=1109597689321 (642 words)

	Content Page
		They may only exercise their jurisdiction in cases in which jurisdiction is conferred by the constitution, laws, or treaties of the United States.
		A common instance of federal court jurisdiction is diversity jurisdiction.
		Under diversity jurisdiction, a federal court is empowered to hear cases between citizens of different states as long as the amount in controversy exceeds $75,000.
	www.whitewms.com /CM/NewsAlerts/NewsAlerts400.asp (941 words)

	For Diversity Jurisdiction, Counterclaims Included in Amount in Controversy
		In diversity jurisdiction suit, plaintiff's claim was for less than $50,000.
		The sum was less than the $50,000 minimum required for diversity jurisdiction.
		[Note that the amount has since been increased to $75,000.] Brown responded by denying that the court had diversity jurisdiction, because the pleading was for $47,000, and counterclaimed for over $1 million in compensation he claimed he was owed.
	www.swlearning.com /blaw/cases/for_diversity.html (163 words)

	Appellate Law & Practice: CA1: diversity jurisdiction and sanctions
		On appeal, the First concludes that because there is an “arguable” basis for subject matter jurisdiction, and the dispute involves parties with actual complete diversity, and therefore the underlying judgment is not void.
		The sanctions order is, is therefore good, because “Ancillary jurisdiction exists where the district court has ensured its continuing jurisdiction to enforce a settlement agreement either by ‘including a provision explicitly retaining [enforcement] jurisdiction ‘ or ‘by incorporating the terms of the settlement agreement in the court's order.’”
		On the merits of the sanctions, the court concludes that there was no clear error, and the court notes that “We think it is fair to presume in this day and age that every attorney understands that an electronic filing is immediately available to the public and is not a sealed document.”
	appellate.typepad.com /appellate/2006/06/ca1_diversity_j.html (358 words)

	Althouse: Open house at the Law School.
		I'm glad we're on the first day of a new topic (diversity jurisdiction), rather than the last day of the previous topic (where we struggled with the most perplexing thing about the Erie Doctrine).
		"Diversity jurisdiction," I said, realizing she was not a proceduralist.
		A bar, a word about pronunciation, and the whole subject of me and Texas (including the second reason I owe my life to coffee).
	althouse.blogspot.com /2004/09/open-house-at-law-school.html (407 words)

	Diversity jurisdiction. - By Dahlia Lithwick - Slate Magazine
		As this editorial puts it: "[W]e believe it's important for the American people to see themselves reflected in the Supreme Court as much as possible." Given that the American people see the members of the Supreme Court maybe once every 10 years, this is a little tough to accept.
		So, it's not really true that we're desperate to see ourselves in the folks who sit on the bench; it's that we're desperate to see members of the groups about which we are most anxious.
		Walter Dellinger has argued that the notion of diversity on the court is a slippery one: For instance, there used to be terrific concern about geographic diversity on the court—a New York seat, or certain southern seats.
	www.slate.com /id/2125898 (1912 words)

	Civil Pro Rules--Proposed Diversity Statute
		CONG US HR 1875 106th CONGRESS, 1st Session United States Library of Congress HR 1875 Engrossed in House September 23, 1999 H. AN ACT To amend title 28, United States Code, to allow the application of the principles of Federal diversity jurisdiction to interstate class actions.
		Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
		(a) SHORT TITLE- This Act may be cited as the 'Interstate Class Action Jurisdiction Act of 1999'.
	www.wvu.edu /~lawfac/mmcdiarmid/diversit.htm (599 words)

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